31 October 2008
analysis
Washington, DC — Opening arguments began this week in federal court in San Francisco in the landmark human rights case of Bowoto v. Chevron. Nineteen plaintiffs, including survivor Larry Bowoto, are accusing Chevron of collaboration with Nigerian military in brutal suppression of a protest by unarmed villagers on a Chevron offshore oil platform in the Niger Delta in 1998. Bowoto was shot during the protest; two other protesters were killed.
This AfricaFocus Bulletin contains a selection of background documents from the Center on Constitutional Rights and Earthrights International, two non-governmental organizations that are supporting the suit. The documents include a summary of the case, an explanation of what Chevron is being asked to do to support and compensate the communities in the oil extraction areas, and a press advisory with contacts for further information as the case proceeds. The case is a landmark test case in the use of U.S. law, particularly the Alien Tort Statute, to require corporate accountability for abuses by U.S.-based corporations.
There is extensive additional information available on the websites of the two organizations:
http://ccrjustice.org/bowoto and
http://www.earthrights.org/content/view/557/114/
Chevron's defense of its position can be found at http://www.chevron.com/bowoto
For a summary and additional references see the Wikipedia article http://en.wikipedia.org/wiki/Bowoto_v._Chevron_Corp.
For previous AfricaFocus Bulletins on Nigeria, see http://www.africafocus.org/country/nigeria.php
For a graphic and historically grounded portrayal of oil production and environmental and human rights issues in the Niger Delta, see Curse Of The Black Gold: 50 Years of Oil in the Niger Delta (http://www.africafocus.org/books/isbn.php?1576874265), edited by by Michael Watts, with photographs by Ed Kashi. Watts, a professor at the University of California at Berkeley, is among the expert witnesses testifying in the case.
For a selection of other books on Nigeria and oil, see http://www.africafocus.org/books/amazon_nigall.php or
http://www.africafocus.org/books/amazon_nigall_uk.php
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Bowoto v. Chevron:
International Human Rights Litigation Fact Sheet
First They Poisoned Our Land
When We Protested, They Shot Us
http://www.earthrights.org * http://www.CCRjustice.org
The Bowoto v. Chevron case arises from simple facts: On May 28, 1998, Chevron participated in the murder, shooting and subsequent torture of Nigerian villagers engaging in environmental protest against the oil giant. Chevron paid the Nigerian police and soldiers who conducted the attack, ferried them to the attack zone and "closely supervised" them during the attack. The case seeks justice for the villagers injured and killed in the attacks.
The Attack: What Happened on May 28, 1998
In late May, 1998, Nigerian villagers from the Ilaje tribe went to Chevron's offshore Parabe Platform to protest the destruction of their environment and traditional fishing and farming activities by Chevron's oil activities. These include the destruction of the freshwater supply, erosion and pollution of the land. The impact on the communities has been devastating. For instance, some villagers must travel many kilometers to find potable water.
The protestors sought compensation including environmental reparations, jobs, medical assistance and scholarships. Their elders and Chevron Nigeria officials negotiated during the protest. Chevron Nigeria officials reported to the U.S. Embassy that "the villagers were unarmed and the situation has remained calm since their arrival."
On the afternoon of May 27, 1998, after the protestors had already agreed to leave the next morning, Chevron summoned the military and police and directed them to go to Parabe. Very early on the morning of May 28, 1998, when the protestors were just waking up, Chevron Nigeria and its lead security officer flew members of the Nigerian Forces to Parabe in Chevron-Nigeria-leased helicopters. Chevron had told the workers on the platform to hide.
The Nigerian police and soldiers opened fire on the unarmed civilians. Chevron Nigeria's security officer directed the soldiers' activities using a bullhorn. The police and soldiers shot and killed two people, one of whom is Arolika Irowarinun, whose family is among those bringing this lawsuit. The other protester who was killed was shot in the back. The security forces shot and injured at least two more, including Larry Bowoto, who was shot multiple times. None of the individuals who were shot or injured posed any threat.
After the attack a number of protestors were locked in a small container on the Chevron platform and held without food or water, while Chevron Nigeria officials looked on. They were subsequently taken in Chevron boats to jails onshore where they were imprisoned, tortured, and beaten by the police and military. One of the protestors, Bola Oyinbo, was hung from a ceiling fan and repeatedly beaten to the point where he could not stand and blood was coming from his mouth. Another described how, immediately after the shootings, the security forces beat him with a gun and a horse whip, until he fell down and bled through his nose. The protestors were kept in inhumane jail conditions for weeks.
During their imprisonment, the beatings and torture continued.
The Protestors
The Ilaje are a small Nigerian ethnic group, many of whom live in relatively remote swamplands and river areas in Nigeria's Ondo State in the southwest Niger River delta region. Many of these communities can only be accessed from the air or by water.
Ilajeland, as it is called, has been severely disrupted by the presence of Chevron Nigeria in the region. Chevron's activities have depleted traditional food supplies, destroyed the water supply, and put villages under water due to erosion. The destruction of the natural environment has meant great hardship and unemployment for many Ilaje people, as well as the loss of traditional food supplies.
Attempts at Negotiation
In 1998, an Ilaje community organization made up of representatives from nearly all of the 42 affected communities sent a series of letters to Chevron Nigeria detailing the problems facing the Ilaje communities, including environmental and economic degradation. Chevron failed to respond. The local government authorities even attempted to set up a meeting between the villagers and Chevron, but Chevron failed to attend.
Finally, on May 25, 1998, over 100 unarmed and peaceful Ilaje protestors went to a Chevron offshore Parabe oil platform and barge. Nigerian Navy and mobile police stationed at the platform, who were armed, allowed the protestors aboard. Armed Nigerian forces remained on the barge and in control at all times. The protesters told Chevron Nigeria to negotiate with their elders on shore, and the company representatives eventually did meet with them. At the end of that time, the elders believed that Chevron had begun to address their concerns and sent messengers out to the protesters on the platform instructing them to come home the next morning, which the protesters told Chevron they would be doing. The protestors were preparing to leave when the attack occurred at daybreak on May 28, 1998.
Chevron-Paid Security Forces Continue to Use Violence Against Nigerian Villagers
Long after this incident, Chevron has continued to use the Nigerian police and military to attack civilians protesting its activities. The United Nations Special Rapporteur and Amnesty International reported that in 2005 Chevron security forces attacked civilians protesting Chevron's activities. One person was shot and killed and at least 30 others were seriously injured. - Report of United Nations Special Rapporteur for the Commission on Human Rights, Jan. 7, 2006; Amnesty International, Nigeria, Ten Years On: Injustice and Violence Haunt the Oil Delta, Nov. 3, 2005
Bowoto v. Chevron:
International Human Rights Litigation Fact Sheet
What Should Chevron Do?
http://www.earthrights.org * http://www.CCRjustice.org
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